Sponsored by:
Assemblyman MICHAEL J. PANTER
District 12 (Mercer and Monmouth)
SYNOPSIS
Places temporary moratorium on certain uses of eminent domain.
CURRENT VERSION OF TEXT
As introduced.
An Act imposing a limited moratorium on certain eminent domain actions.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Legislature finds and declares that:
On June 23, 2005, the United States Supreme Court rendered its decision in Kelo v. City of New London, 125 S. Ct. 2655 (2005), which reaffirmed that government may take private property by eminent domain for the purpose of economic development, even when the ultimate result of the taking is ownership of the property being vested in another private person;
Even though Article VIII, Section III, paragraph 1 of the New Jersey State Constitution declares that the clearance, replanning, development or redevelopment of blighted areas shall be a public purpose and public use, for which private property may be taken or acquired, the Kelo decision has focused widespread attention on the inappropriate use of this power;
Accordingly, the Legislature determines that in order to protect the general welfare and the rights of citizens, and to ensure that private property rights are not violated due to the inappropriate use of the eminent domain power, it is necessary to enact a moratorium on any takings of this nature by any public body until further legislative remedies may be considered.
2. Notwithstanding any provision of law, rule or regulation to the contrary, neither the State, a county, a municipality, or any agencies or instrumentality thereof, on or after the effective date of this act for a period of 24 months, shall use eminent domain for any purpose that is intended to result in the transfer of condemned private property to, or for the use of, another private person or entity for economic development purposes. Nothing in this section shall be deemed to impose a moratorium on the direct public use of condemned private property by the State, county or municipality, or any agency or instrumentality thereof, as appropriate.
3. This act shall take effect immediately.
STATEMENT
This bill would place a 24-month moratorium on the exercise of certain eminent domain power by the State, counties and municipalities, including other public entities that exercise this power under delegation by these governmental units. The moratorium would apply to the use of eminent domain to take private property when the primary purpose for the taking is economic development that will ultimately result in ownership of that property being vested in another private person. The direct use of a condemned property by a government entity for a public purpose would not be subject to the moratorium.